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Old 05-05-2021, 23:36   #1
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Join Date: Mar 2014
Location: Moreton Bay
Boat: US$4,550 of lead under a GRP hull with cutter rig
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Lightning, insurance, and a legal dispute in Aus

Make the popcorn and take a comfortable position on the settee for the unfolding legal dispute between a corporate yacht owner and their insurer (Pantaenius Australia) over what happens next after the yacht was hit by lightning, resulting in holes through the hull.

The first legal round played out in the District Court in Brisbane, my hometown.

No side disputes that the yacht was struck by lightning.

The owner argues that the damage cannot be repaired and the vessel has no economic value, i.e. it cannot be sold.

The insurer argues that the vessel can be restored to its pre-lightning condition, even though seawater entered the vessel.

The story so far (from February and March 2021) was about technical reports, the technical expertise of the owner, and whether the insurer could move the vessel and core samples from the hull.

Bring yourself up to date:
https://www.queenslandjudgments.com....21/74/pdf-view


https://www.brisbanetimes.com.au/nat...05-p57p7v.html

More to come ...
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Old 05-05-2021, 23:58   #2
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Location: Channel Islands, CA
Boat: Jeanneau 41 DS
Posts: 559
Re: Lightning, insurance, and a legal dispute in Aus

Too much for my little brain to handle....I get the big picture. What is just as upsetting is that this happened in Nov of 2017 almost four years ago with no end in sight. Meantime years go by and if you are old that is a lot of lost sailing time.

Abe
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